Health

Passed

P
HB1570

Information on nosocomial infections. Requires acute care hospitals to report information about nosocomial infections to the Centers for Disease Control and Prevention's National Healthcare Safety Network. Nosocomial infections are acquired in a hospital or other health care setting. The hospitals must release their infection data to the Board of Health. The Board's regulations will determine the hospitals that will be required to report, and the specific infections and patient populations to be included in the data. Upon request, hospital infection rate data may be released to the public by the Board. The bill takes effect July 1, 2008. Patron - Purkey

P
HB1624

Department of Medical Assistance Services; implementation of Medicare Part D benefit. Grants the Board of Medical Assistance Services emergency regulatory authority to implement the provisions of the Medicare Part D prescription drug benefit that becomes effective January 1, 2006. The bill also directs the Department of Medical Assistance Services to convene a task force, upon the implementation of the Medicare Part D program, of public and private stakeholders to assist the Department in evaluating the federal program and make recommendations for enhancing, coordinating, and integrating the existing pharmacy assistance programs for low-income Virginians and the Medicare Part D benefit. The Department must report its findings and recommendations to the Governor and General Assembly by November 1, 2006. This bill is identical to SB 841.Patron - Purkey

P
HB1687

Vital records; grandchild's birth certificate. Requires the State Registrar or the city or county registrar to disclose data about or issue a certified copy of a birth certificate of a child to the grandparent of the child upon the written request of the grandparent when the grandparent has demonstrated to the State Registrar evidence of need, as prescribed by Board regulation, for the data or birth certificate. Patron - Alexander

P
HB1727

Vital statistics; death certificates. Requires the Board of Health, in its regulations on public or private agencies or persons obtaining copies of death certificates in the conduct of their official duties, to include within its definition of "legal representative" (i) any attorney licensed to practice law in Virginia, upon presentation of his bar number and evidence of need to obtain such copy; and (ii) any funeral service licensee or funeral director licensed to practice by the Board of Funeral Directors and Embalmers, upon presentation of evidence of licensure to so practice and evidence of being in charge of final disposition of the registrant's dead human remains or cremains or evidence of need to obtain such copy. Patron - Alexander

P
HB1798

Eligibility of aliens
for state and local public benefits. Provides that no person who is not
a U.S. citizen or legally present in the United States is eligible for
any state or local public benefits. The bill defines state and local benefits,
and sets forth a series of exceptions to this eligibility rule. The bill
also requires applicants for state or local assistance to provide proof
of legal presence in the United States and establishes a process for temporary
receipt of benefits when applicants cannot provide such proof. In addition,
the bill has a delayed effective date of January 1, 2006 and requires
affected state agencies to cooperate with agencies of local government
to develop a system to facilitate verification of legal presence. This
bill is identical to SB 1143. Patron - Albo

P
HB1824

Newborn screening. Broadens
the Commonwealth's newborn screening program for genetic disorders to
include approximately 30 or more conditions that cause mental retardation,
serious disability, or death if left untreated. The screening tests to
be included in Virginia's panel of disorders will be consistent with,
but not necessarily identical to, the uniform condition panel recommended
by the American College of Medical Genetics in its report, Newborn Screening:
Toward a Uniform Screening Panel and System. Upon the issuance by the
federal Department of Health and Human Services of a panel of recommended
tests, Virginia's testing program will be consistent with, but not necessarily
identical to, the federal guidance document. The Board of Health's regulations
must include (i) a list of conditions for which newborn screening tests
are conducted pursuant to § 32.1-65, (ii) follow-up and referral
protocols and necessary provisions to implement the newborn screening
services, and (iii) any services available to the infants and children
through the Children with Special Health Care Needs Program. The mandate
for the increased testing will become effective on March 1, 2006; however,
the Board of Health is required to promulgate emergency regulations. The
second enactment clause of a 2002 Act of the General Assembly that required
certain funding is repealed in order to ensure the integrity of the law.
Patron - Frederick

P
HB2018

Bedding and upholstery. Provides that a retailer may sell, give away, or rent used upholstered furniture that has been purchased by the retailer as new when such upholstered furniture has been used in the course of business. Such used furniture must be (i) conspicuously identified as used and (ii) reduced in price, sold at auction, donated to charity, or made available for a rental fee, and so tagged. Technical amendments are also included. Patron - Hall

P
HB2073

Testing of sewage
sludge. Allows an individual to make a timely request of the Department
of Health or the Department of Environmental Quality that it obtain a
sample of sewage sludge at a specific site prior to land application.
The Department shall submit the sample to a certified laboratory for analysis.
The person requesting the testing is responsible for paying the cost of
obtaining and analyzing the sample. Patron - Hogan

P
HB2197

Notice of sewage sludge application. Requires a person holding a permit to apply sewage sludge to the land to give notice to the local government at least 100 days prior to applying the sewage sludge. The notice will identify the location of the permitted site and the expected sources of the sewage sludge to be applied to the site. This requirement may be satisfied by providing a list of all available permitted sites in the locality at least 100 days prior to commencing the application at any site on the list. The notice requirement shall not apply to any application commenced prior to October 10, 2005. Patron - Abbitt

P
HB2198

Training for sewage sludge testers. Requires the Board of Health and the Department of Health to establish a program to train in testing and monitoring sewage sludge employees of those local governments that have adopted a biosolids ordinance. The bill states what, at a minimum, the training shall include. The Health Department is authorized to charge trainees a reasonable fee to recover the costs of preparing course materials and providing facilities and instructors for the program. Patron - Abbitt

P
HB2236

Hospitals sharing patient health data. Requires the Board of Health to implement regulations that require hospitals to have interoperability and sharing of patient health data through common data reporting formats and standardized methods of transmission while maintaining protections for the privacy of personal health information. The law will not go into effect unless it is reenacted by the 2006 General Assembly. Patron - O'Bannon

P
HB2238

Board of Health regulations; emergency medical services personnel training, agency response times, and enforcement provisions; civil penalties. Requires the State Board of Health to prescribe, in regulation, requirements for (i) training for emergency medical services personnel; (ii) a uniform definition of "response time" and requirements for measuring response times from the time a call is received until the time the unit is responding and the arrival at the scene as well as collection and reporting of emergency response times; and (iii) enforcement provisions, including fines, to be assessed by the State Health Commissioner against any agency, or other entity found to be in violation of the emergency medical services statutes or regulations. All amounts paid as fines are to be allocated to the emergency medical services special fund. Patron - O'Bannon

P
HB2243

Medical care facilities certificate of public need; parties to the case. Revises the designation of the parties to the case if an informal fact-finding conference is determined to be necessary by the Department of Health or is requested by a person seeking good cause standing. In such cases, the designation of the parties to the case will include the relevant health planning agency. In present law, the health planning agency is only a party to the case if its recommendation was to deny the application. Patron - O'Bannon

P
HB2253

Statewide Emergency Medical Services Plan. Adds several new requirements to the Statewide Emergency Medical Services Plan developed by the Board of Health. These requirements include (i) publishing the Plan, (ii) expanding paramedic and advanced life support training, (iii) establishing and maintaining a process for crisis intervention and peer support services for emergency medical services and public safety personnel, a statewide emergency medical services for children program, a statewide system of health and medical emergency response teams, and a program to improve dispatching of emergency medical services, and (iv) identifying and establishing best practices for managing agencies and improving response times. The bill also deletes an obsolete cross-reference relating to automated external defibrillators. This bill incorporates HB 2039 and HB 2239.Patron - Bell

P
HB2284

Children's health
insurance through employer-sponsored health insurance programs. Removes
the requirement that the Family Access to Medical Insurance Security Plan
provide wraparound benefits through supplemental insurance when benefits
equivalent to the Virginia Medicaid program are not included in the employer-sponsored
health insurance benefit plan.Patron - Brink

P
HB2316

Certificate of Public Need; relocation of certain nursing home beds under limited circumstances. Establishes criteria for applications for limited relocation of nursing home beds for facilities under common ownership and control, if required criteria are met relating to (i) occupancy rates of both the facility from which and the facility to which the beds are to be relocated, and (ii) temporary staffing hours and the origin of residents for the facility from which the beds are being moved. The Commissioner is authorized to issue a certificate under these circumstances regardless of the components of any Request for Applications, etc. Patron - Griffith

P
HB2363

Health records privacy. Emphasizes the right of an individual to have access to his health records with certain exceptions; defines the term "psychotherapy notes"; clarifies the list of persons to whom disclosure of protected health information may be made; underscores the confidentiality of psychotherapy notes and prohibits the disclosure of such psychotherapy notes, with exceptions for training programs, legal processes, protection of third parties, and various law-enforcement and regulatory investigations; and states specifically that state law controls the procedures for requesting health records. This bill is identical to SB 1064.Patron - Melvin

P
HB2366

Design and construction of hospitals and nursing homes. Requires the Board of Health, in a section 1 bill, to promulgate regulations pursuant to § 32.1-127 of the Code of Virginia for the licensure of hospitals and nursing homes. The regulations must include minimum standards for the design and construction of hospitals, nursing homes, and certified nursing facilities consistent with the current edition of the Guidelines for Design and Construction of Hospital and Health Care Facilities issued by the American Institute of Architects Academy of Architecture for Health. This bill is identical to SB 1024.Patron - Bryant

P
HB2430

Health care provider data services. Requires the nonprofit organization (Virginia Health Information) with which the Commissioner of Health contracts for compiling, storing, and making available health care provider data to collect data on safety services and quality of health care services rendered by physicians. The board of directors of the nonprofit organization must work with the Board of Medicine to determine the information to be collected and the costs thereof, and identify sufficient funding sources to appropriate to physicians for such data collection. The bill includes a reenactment clause and will, therefore, not go into effect unless reenacted by the 2006 Session of the General Assembly. Patron - Hamilton

P
HB2451

Validity of certain septic tank permits; waivers. Excludes certain transfers of real property from the current provision that waivers granted for certain failing onsite sewage systems are nontransferable and limits the waiver provisions to systems on real property with 1 to 4 dwelling units. Currently, whenever any onsite sewage system is failing and the Board's regulations for repairing the system impose (i) a requirement for treatment beyond the level of treatment provided by the existing onsite sewage system when operating properly or (ii) a new requirement for pressure dosing, the owner may request a waiver from such requirements; however, the waivers are not transferable except between a husband and a wife. In addition to the new transfer exclusions for these residential properties, the bill requires the owner of the residential real property with the waivered onsite sewage system to provide a written disclosure to the purchaser; the purchaser will have certain time lines and processes for terminating the contract. Real estate licensees will have a duty to inform owners and purchasers of their rights. The Real Estate Board is charged with enforcement of the disclosure, termination, and real estate licensees' duties under this provision. Patron - Suit

P
HB2515

Charge for copying health records. Distinguishes between the charges that may be levied by a health care provider (also referred to as "health care entity") for copies of health records when the patient requests his own health records and the records are subpoenaed or otherwise requested by a third party. The patient (individual who is the subject of the record) will be charged "a reasonable cost-based fee" that will only include costs of supplies and labor, postage, and preparation of any summary of the information. Current charges authorized for copies in anticipation of litigation or in the course of litigation will not apply to patients requesting their own records. This bill is identical to SB 1203.Patron - O'Bannon

P
HB2516

Health records privacy; minors' records. Revises certain provisions relating to minors' health records to provide a measure of consistency with the federal regulations that were promulgated by the federal Secretary of Health and Human Services pursuant to the Health Insurance Portability and Accountability Act concerning access to and authority to disclose protected health information. This bill is identical to SB 1109.Patron - O'Bannon

P
HB2519

Virginia Immunization
Information System (VIIS). Requires the Board of Health,
to the extent funds are appropriated by the General Assembly or otherwise
made available, to establish the Virginia Immunization Information System,
a statewide immunization registry that consolidates patient immunization
histories from birth to death into a complete, accurate, and definitive
record that may be made available to participating health care providers
throughout Virginia. The Board must promulgate regulations addressing
voluntary participation, a secure system for data entry or delivery, incorporation
of the data already reported on children's immunizations, the nature of
the data to be reported, data-sharing agreements with other state and
regional immunization registries, use of vital statistic data, requests
for records in compliance with existing requirements, release of aggregate
data without personal identifiers, and the use of the data in an epidemic
or outbreak of a vaccine-preventable disease. The bill also establishes
the criteria for disclosure of protected health information to VIIS, i.e.,
ensuring the integrity of the health care system and prevention of disease.
Immunity is provided to participants, the Board and Commissioner of Health,
and employees of the Department of Health. Current responsibilities for
record maintenance and obtaining immunization of children are retained
as well as existing exemptions on religious or health grounds. Patron - O'Bannon

P
HB2522

State Emergency Medical Services Advisory Board; membership. Increases Board membership from 25 to 28 by including one representative from each of the regional emergency medical services councils. Current law states that each of the "eight" regional councils shall be represented, but 11 such councils actually exist. The bill also deletes an obsolete cross-reference regarding the automated external defibrillator registry, which no longer exists. This bill is identical to SB 1145.Patron - O'Bannon

P
HB2523

Localities' authority to charge insurers for ambulance services. Clarifies that localities are currently permitted to charge insurers for ambulance services provided to any person covered by an accident and sickness insurance policy that provides coverage for ambulance services. Patron - O'Bannon

P
HB2624

Injection of sewage sludge. Provides that surface incorporation into the soil of sewage sludge applied to cropland may be required when practicable and compatible with a soil conservation plan meeting the standards and specifications of the U.S. Department of Agriculture Natural Resources Conservation Service. This bill also directs the Board of Health to develop regulations specifying and providing for extended buffers to be employed for application of sewage sludge (i) to hay, pasture, and forestland, or (ii) to croplands where surface incorporation is not practicable or is incompatible with a soil conservation plan. The extended buffers may be included by the Department as site specific permit conditions. Patron - Byron

P
HB2639

Medical care facilities certificate of public need. Requires the Commissioner of Health to reissue a Request for Applications for 60 new nursing home or nursing facility beds in Planning District 12 when the scheduled construction date has passed, the company issued a certificate pursuant to a 1997 Request for Applications has not begun construction, and the certificate has expired. The Commissioner may give preference to an application that proposes a new facility within three miles of the boundary of the county seat or in the county seat of the county in which the nursing facility granted the previously-issued certificate is located. Patron - Hurt

P
HB2656

Pilot programs for obstetrical and pediatric care in certain areas. Permits the Board of Health to approve pilot programs to improve access to obstetrical and pediatric care in areas of the Commonwealth where these services are severely limited. Obstetrical care includes prenatal, delivery, and post-partum care. The pilot programs will be jointly developed and submitted to the Board by nurse practitioners licensed in the category of certified nurse midwife, certain perinatal centers as determined by the Board, obstetricians, family physicians, and pediatricians. Nurse practitioners licensed by the Boards of Medicine and Nursing in the category of nurse midwife who participate in a pilot program shall associate with perinatal centers recommended by the Board and physicians, but shall not be required to have physician supervision. The Department shall convene stakeholders, including nurse practitioners licensed by the Boards of Medicine and Nursing in the category of certified nurse midwife, pediatricians, and family physicians, to establish protocols to be used in the pilot programs no later than October 1, 2005. The pilot programs shall not provide or promote home births. The Department shall evaluate and report on the impact and effectiveness of the pilot programs in meeting the program goals and submit a report to the Joint Commission on Health Care by November 15, 2006, and annually thereafter. The bill requires the Boards of Medicine and Nursing, the Departments of Health Professions and Medical Assistance Services, and the Bureau of Insurance to provide assistance to the Department of Health in establishing and evaluating the pilot programs. Patron - Hurt

P
HB2805

Sewage sludge; penalty. Directs that sewage sludge be treated to meet standards for land application as required by Board regulation prior to delivery at the land application site. This bill prohibits any person from altering the composition of sewage sludge at the site where the sewage sludge is being applied. However, the addition of lime or deodorants to sewage sludge that has been treated to meet land application standards shall not constitute alteration of the composition. Patron - Hogan

P
HB2831

Health; publication of certain data on clinical drug trials. Requires the Secretary of Health and Human Resources to make available on the appropriate state health-related websites, information directing citizens to publicly available information on clinical drug trials and other clinical studies. This bill is identical to SB 1278.Patron - Watts

P
HJ574

Chronic Kidney Disease. Recognizes Chronic Kidney Disease as a health disparity and encourages licensed health care providers to develop a plan for early identification and implementation of an appropriate clinical management program for individuals at highest risk for Chronic Kidney Disease. Patron - Ward

P
HJ605

Palliative care. Encourages Virginia's health care community to increase the education and training of health care professionals in the techniques and benefits of palliative care, and to increase patient awareness regarding palliative care as a treatment component, in order to improve the overall quality of life for those suffering from chronic conditions, and to more effectively and efficiently treat the growing population of citizens suffering from chronic illnesses. This resolution is identical to SJR 352.Patron - Morgan

P
HJ701

"Wrap-around" discount card coverage available for some Medicare prescription drug card beneficiaries; resolution. Encourages the Commissioner of the Department for the Aging and the Commissioner of Health to provide information on wrap-around coverage offered by some pharmaceutical companies for low-income Medicare beneficiaries who exhaust their transitional assistance credit. Patron - Brink

P
HJ702

Distribution of certain information by Mission of Mercy. Encourages the Department for the Aging, the Department of Medical Assistance Services, and the Department of Health to consult with the Virginia Dental Association and the Virginia Health Care Foundation on the feasibility of using the Mission of Mercy program to disseminate information concerning prescription assistance programs and prescription drug discount cards. This resolution is identical to SJR 363.Patron - Morgan

P
SB792

Virginia Tobacco Settlement Board of Trustees; executive committee; annual report. Authorizes the Virginia Tobacco Settlement Board of Trustees to establish an executive committee to transact the business of the Board in its absence. The executive committee is composed of the chairman, vice chairman, and three additional members of the Board. The bill also specifies March 31 as the date for the Board to provide its annual report to the Governor and General Assembly. Patron - Watkins

P
SB841

Health; implementation of federal Medicare Part D benefit; task force on prescription drug assistance for low-income Virginians. Directs the Board of Medical Assistance Services to promulgate necessary regulations to implement the provisions of the Medicare Part D prescription drug benefit that becomes effective January 1, 2006. Upon implementation of the Medicare Part D program, the Department of Medical Assistance Services shall convene a task force to assist the Department in evaluating the Medicare Part D benefit and to make recommendations for enhancing, coordinating, and integrating the existing pharmacy assistance programs for low-income Virginians and the Medicare Part D benefit. The Department shall report its findings and recommendations to the Governor and General Assembly by November 1, 2006. Authority for emergency regulations is included. This bill is identical to HB 1624.Patron - Deeds

P
SB953

Pharmaceutical assistance;
The Pharmacy Connection program. Requires, in order to
maximize the benefits of the new Medicare pharmaceutical discount card
program for Virginia's Senior Citizens, that the Commissioner of Health
annually for two years commencing on July 1, 2005, (i) analyze access
to The Pharmacy Connection program vis-a-vis the Medicare pharmaceutical
discount card program, the $600 transitional coverage provided under federal
law, and pharmaceutical companies' offers of "wrap-around" coverage for
low-income seniors; and (ii) recommend, to the Virginia Health Care Foundation,
the Secretary of Health and Human Resources, and the Governor, appropriate
localities for expansion of access to The Pharmacy Connection program
in Virginia, particularly in areas having high concentrations of low-income
seniors. The goal of the Commissioner's analysis will be to facilitate
statewide implementation of The Pharmacy Connection program. The Commissioner
must complete this analysis by October 31 of each year and shall immediately
request an estimate of the costs of the recommended expansion of such
access from the Virginia Health Care Foundation to be forwarded to the
Secretary and the Governor, for inclusion in the appropriation act, insofar
as possible and appropriate to promote the health and safety of Virginia's
senior citizens. Patron - Potts

P
SB1024

Licensure of hospitals and nursing homes; Board of Health. Directs the Board of Health to promulgate regulations for the licensure of hospitals and nursing homes. The regulations must include minimum standards for the design and construction of hospitals, nursing homes, and certified nursing facilities consistent with the current edition of the Guidelines for Design and Construction of Hospital and Health Care Facilities issued by the American Institute of Architects Academy of Architecture for Health. The Board is required to promulgate emergency regulations to implement this provision. This bill is identical to HB 2366.Patron - Newman

P
SB1030

Office of the Chief Medical Examiner; confidentiality of certain information and records collected and maintained. Provides that confidential records and information obtained from private and public entities and provided to the Office of the Chief Medical Examiner (OCME) during the course of a death investigation and records collected and maintained during the course of investigations, surveillance programs or research or studies of deaths having a public health importance by the OCME are not subject to the provisions of the Freedom of Information Act. The bill also provides that confidential records received by the OCME from third-parties continue to be confidential and are protected from legal discovery.Patron - Lambert

P
SB1064

Health records privacy. Emphasizes the right of an individual to have access to his health records with certain exceptions; defines the term "psychotherapy notes"; clarifies the list of persons to whom disclosure of protected health information may be made; underscores the confidentiality of psychotherapy notes and prohibits the disclosure of such psychotherapy notes, with exceptions for training programs, legal processes, protection of third parties, and various law-enforcement and regulatory investigations; and states specifically that state law controls the procedures for requesting health records. This bill is identical to HB 2363. Patron - Martin

P
SB1109

Health records privacy; minors' records. Revises certain provisions relating to minors' health records to provide a measure of consistency with the federal regulations that were promulgated by the federal Secretary of Health and Human Services pursuant to the Health Insurance Portability and Accountability Act concerning access to and authority to disclose protected health information. This bill is identical to HB 2516. Patron - Blevins

P
SB1111

State Registrar of Vital Records; compilation of certain marriage, divorce, and annulment information. Requires marriage records and divorce and annulment reports to include the age and race of the parties. Divorce and annulment reports must also contain the number of minor children involved. This bill also requires the State Registrar of Vital Records to compile, publish, and make available to the public aggregate data on the number of marriages, divorces, and annulments that occur each year in the Commonwealth from 2000 forward. The data shall be organized according to the locality in which the marriage license is issued or in which the divorce or annulment report is certified, and shall include but not be limited to information regarding age and race of the parties. The data on divorce and annulments shall also include information regarding the number of minor children involved. The State Registrar is required to post, update, and maintain this information on the Department of Health website. Names, addresses, social security numbers, and any other personal identification information shall not be included. This is a recommendation from the Virginia Commission on Youth.Patron - Blevins

P
SB1132

Virginia Immunization
Information System (VIIS). Requires the Board of Health, to the extent
funds are appropriated by the General Assembly or otherwise made available,
to establish the Virginia Immunization Information System, a statewide
immunization registry that consolidates patient immunization histories
from birth to death into a complete, accurate, and definitive record that
may be made available to participating health care providers throughout
Virginia. The Board must promulgate regulations addressing voluntary participation,
a secure system for data entry or delivery, incorporation of the data
already reported on children's immunizations, the nature of the data to
be reported, data-sharing agreements with other state and regional immunization
registries, use of vital statistic data, requests for records in compliance
with existing requirements, release of aggregate data without personal
identifiers, and the use of the data in an epidemic or outbreak of a vaccine-preventable
disease. The bill also establishes the criteria for disclosure of protected
health information to VIIS, i.e., ensuring the integrity of the health
care system and prevention of disease. Immunity is provided to participants,
the Board and Commissioner of Health, and employees of the Department
of Health. Current responsibilities for record maintenance and obtaining
immunization of children are retained as well as existing exemptions on
religious or health grounds. Patron - Howell

P
SB1143

Public Benefits; proof of legal presence. Provides that no person who is not a U.S. citizen or legally present in the United States is eligible for any state or local public benefits. The bill defines state and local benefits, and sets forth a series of exceptions to this eligibility rule. The bill also requires applicants for state or local assistance to provide proof of being in the United States legally and establishes a process for temporary receipt of benefits when applicants cannot provide such proof. In addition, the bill has a delayed effective date of January 1, 2006 and requires affected state agencies to cooperate with agencies of local government to develop a system to facilitate verification of legal presence. This bill is identical to HB 1798. Patron - Hanger

P
SB1145

State Emergency Medical Services Advisory Board. Increases the State Emergency Medical Services Advisory Board from 25 to 28 members appointed by the Governor. The change reflects the increase in the number of regional emergency medical services councils. This bill is identical to HB 2522.Patron - Deeds

P
SB1146

Statewide Emergency Medical Services Plan; additional programs. Amends the objectives of the Statewide Emergency Medical Services Plan by striking the now defunct registration program for automated external defibrillators and establishing new objectives including the identification and establishment of best practices for managing and operating agencies and improving and managing emergency medical response times as well as the establishment of (i) a process for crisis intervention and peer support services for emergency medical services and public safety personnel; (ii) a statewide emergency medical services for children program; (iii) a statewide system of health and medical emergency response teams; and (iv) a program to improve dispatching of emergency medical services. The bill further provides that the Board of Health's Statewide Emergency Medical Services Plan may be posted on the Department of Health's website to satisfy the publication requirement. Patron - Deeds

P
SB1184

Newborn screening.
Broadens the Commonwealth's newborn screening program
for genetic disorders to include approximately 30 or more conditions that
cause mental retardation, serious disability, or death if left untreated.
The screening tests to be included in Virginia's panel of disorders will
be consistent with, but not necessarily identical to, the uniform condition
panel recommended by the American College of Medical Genetics in its report,
Newborn Screening: Toward a Uniform Screening Panel and System. Upon the
issuance of a panel of recommended tests by the federal Department of
Health and Human Services, where the victim was exposed to the body fluids
of the person arrested., Virginia's testing program will be consistent
with, but not necessarily identical to, the federal guidance document.
The Board of Health's regulations must include a list of conditions for
which newborn screening tests are conducted pursuant to § 32.1-65,
follow-up and referral protocols and necessary provisions to implement
the newborn screening services, and any services available to the infants
and children through the Children with Special Health Care Needs Program.
The mandate for the increased testing will become effective on March 1,
2006; however, the Board of Health is required to promulgate emergency
regulations. The second enactment clause of a 2002 Act of the General
Assembly that required certain funding is repealed in order to ensure
the integrity of the law.Patron - Puller

P
SB1194

Christopher Reeve Stem Cell Research Fund. Establishes a special nonreverting, revolving and permanent fund for the support of stem cell research in honor of Christopher Reeve. The Fund will be used to support medical and biomedical stem cell research conducted in Virginia institutions of higher education relating to the causes and cures of disease, including, but not limited to, paralysis caused by spinal cord injury, diabetes, cancer, heart disease, and neurological disorders, such as Lou Gehrig's disease. No moneys from the Fund may be provided to any entity that conducts human stem cell research from stem cells obtained from human embryos, or for conducting such research; however, research conducted using stem cells other than embryonic stem cells may be funded. The Fund will consist of appropriations, gifts, grants, and donations from public or private sources, will be administered by the Commonwealth Health Research Board (an existing board with appropriate expertise), will not require matching funds from the institutions, and may be used to support stem cell research that is not eligible for federal research funds through the National Institutes of Health. Patron - Potts

P
SB1203

Charge for copying health records. Distinguishes between the charges that may be levied by a health care provider (also referred to as "health care entity") for copies of health records when the patient requests his own health records and the records are subpoenaed or otherwise requested by a third party. The patient (individual who is the subject of the record) will be charged "a reasonable cost-based fee" that will only include costs of supplies and labor, postage, and preparation of any summary of the information. Current charges authorized for copies in anticipation of litigation or in the course of litigation will not apply to patients requesting their own records. This bill is identical to HB 2515. Patron - Mims

P
SB1278

Health; availability of certain data on clinical drug trials. Requires the Secretary of Health and Human Resources to make available on the appropriate state health-related websites, information directing citizens to publicly available information on clinical drug trials and other clinical studies. This bill is identical to HB 2831.Patron - Reynolds

P
SB1296

Certain information on shaken baby syndrome required. Requires information on shaken baby syndrome to be made available to maternity patients by nurse midwives and hospitals with maternity services. Patron - Wampler

P
SB1344

Wheelchair interfacility
transport services and vehicles; emergency medical services. Exempts wheelchair
interfacility transport services and wheelchair interfacility transport
service vehicles from regulation under the emergency medical services
law. However, such services and vehicles are required to comply with Department
of Medical Assistance regulations regarding transportation of Medicaid
recipients to covered services. Currently, a license must be obtained
by the service and a permit must be obtained for the vehicle. Wheelchair
interfacility transport services and wheelchair interfacility transport
service vehicles are the entities engaged in the business, service, or
regular activity, whether or not for profit, of transporting wheelchair-bound
passengers between medical facilities in the Commonwealth. The
bill requires the Board of Health and Medical Assistance Services to promulgate
regulations to be effective within 280 days of enactment.Patron - Lucas

P
SJ335

Limiting access to medications easily abused by minors. Encourages the retailers of Virginia to take voluntary steps to limit access to medications containing the drug Dextromethorphan (DXM) that are easily abused by minors.Patron - Mims

P
SJ352

Palliative care. Encourages Virginia's health care community to increase the education and training of health care professionals in the techniques and benefits of palliative care, and patient awareness regarding palliative care as a treatment component, in order to improve the overall quality of life for those suffering from chronic conditions to more effectively and efficiently treat the growing population of citizens suffering from chronic illnesses. This resolution is identical to HJR 605.Patron - Lambert

P
SJ363

Feasibility of information distribution by Mission of Mercy. Encourages the Department for the Aging, the Department of Medical Assistance Services, and the Department of Health to consult with the Virginia Dental Association and the Virginia Health Care Foundation on the feasibility of using the Mission of Mercy program to disseminate information concerning prescription assistance programs and Medicare prescription drug discount cards. This resolution is identical to HJR 702.Patron - Martin

Failed

F
HB1662

Notification to parents of certain health services to minors. Requires any state or local government agency employee who provides services to a minor, relating to sexually transmitted diseases, the provision of emergency contraception, pregnancy, illegal drug use, and the contemplation of suicide to attempt notification, within two business days of delivery of such services, to a custodial parent, legal guardian or other person standing in loco parentis of any service and any reason, condition or diagnosis requiring such service. Patron - Lingamfelter

F
HB1677

Report of fetal death by mother; penalty. Provides that when a fetal death occurs without medical attendance, it shall be the woman's responsibility to report the death to the proper law-enforcement agency within 12 hours of the delivery. Violation of this section shall be punishable as a Class 1 misdemeanor. Patron - Cosgrove

F
HB2039

Statewide Emergency Medical Services Plan. Adds several new requirements to the Statewide Emergency Medical Services Plan developed by the Board of Health. These requirements include establishing and maintaining (i) a process for crisis intervention and peer support services for emergency medical services and public safety personnel, (ii) a statewide emergency medical services for a children's program, (iii) a statewide system of health and medical emergency response teams, and (iv) a program to improve dispatching of emergency medical services. The bill also deletes an obsolete cross-reference relating to automated external defibrillators. This bill has been incorporated into HB 2253.Patron - Hamilton

F
HB2040

Health; immunization of children against certain diseases. Requires that children who have not received immunization against varicella zoster (chicken pox) receive such immunization prior to entering sixth grade. Patron - Hamilton

F
HB2070

Use of name on birth certificate. Provides that the surname entered on the birth certificate must be the name by which a child is identified for all purposes, except as may be agreed to by the child's natural mother and father. Patron - Hogan

F
HB2081

Home care organizations; exemption. Exempts home-based and adult foster care services retained by local boards of social services for individuals in need of such services from the licensing requirements for home care organizations, provided the local board certifies to the Department of Social Services that the person providing such services meets the regulatory standards adopted by the State Board of Social Services. The provisions of the bill will sunset on July 1, 2008. Patron - Watts

F
HB2104

Long-term care preadmission screenings. Provides that nurses, social workers, and physicians who are employees of a local area agency on aging may be part of the team to conduct Medicaid nursing home preadmission screenings. Employees of the Department of Health, the local department of social services or local area agency on aging may not participate in screenings in which they could become the service provider. Patron - McQuigg

F
HB2125

Consumer-directed and nurse-delegated medical care. Requires the Department of Medical Assistance Services to amend current waiver programs authorized by the Centers for Medicare and Medicaid Services to allow for the provision of consumer-directed and nurse-delegated services where possible and appropriate.Patron - Eisenberg

F
HB2148

Strategy to address the lack of appropriate mental health treatment among Virginia's children. Requires the Departments of Education; Health; Health Professions; Juvenile Justice; Medical Assistance Services; Mental Health, Mental Retardation, and Substance Abuse Services; and Social Services to develop, by July 1, 2006, the children's mental health treatment strategy The strategy shall include increased funding for Medicaid and FAMIS; group home licensure requirements; adequate home health and mental health professionals; assurances that parents will not have to relinquish custody to obtain treatment for their children; increased services; and the identification and return home of children placed in foster care to obtain treatment. The strategy must be published on state web sites, as appropriate. Patron - Amundson

F
HB2235

Health; vaccination of children against tetanus. Requires children to receive a second dose of tetanus vaccine at age 11 to 12 years if at least five years have elapsed since the last dose of tetanus vaccine. Patron - O'Bannon

F
HB2239

Statewide Emergency Medical Services Plan; publication; training and best practices. Amends the requirements for the Statewide Emergency Medical Services Plan prepared by the Board of Health to include (i) publishing the Plan; (ii) expanding the availability of paramedic and advanced life support training; and (iii) identifying and establishing best practices for managing and operating emergency medical services agencies, improving and managing emergency medical response times, and disseminating certain information. The bill also deletes an obsolete cross reference to automated external defibrillators. This bill has been incorporated into HB 2253.Patron - O'Bannon

F
HB2252

State Emergency Medical Services Advisory Board. Increases the State Emergency Medical Services Advisory Board from 25 to 27 members appointed by the Governor. The change reflects the increase in the number of regional emergency medical services councils. The bill decreases from two to one the number of representatives of the Virginia Association of Volunteer Rescue Squads, Inc. The bill contains technical amendments. Patron - Bell

F
HB2281

Health; prescription drug purchasing option. Directs the Department of Medical Assistance Services, in consultation with the Office of the Attorney General and the Executive Director of the Board of Pharmacy, to evaluate and permit the implementation of, if feasible and cost effective and consistent with federal law and regulation, a process for purchasing reduced-cost prescription drugs from Canada in order to lower pharmacy costs for citizens of the Commonwealth. The Department may consult with the federal Food and Drug Administration and other federal officials in conducting such evaluation and shall examine the relevant federal regulations concerning both the legality and safety of importation of drugs from Canada prior to implementing any such importation program. Patron - Spruill

F
HB2296

Comprehensive Services Act; medical assistance services. Mandates services to seriously emotionally disturbed children whose custody would otherwise have to be relinquished or entrusted by their parents or guardians to local social services agencies in order to receive needed mental health services, and whose parents or guardians cannot pay for such services as determined using ability-to-pay procedures and criteria established by the Office of Comprehensive Services. The bill directs the Director of the Department of Medical Assistance Services to develop and apply for a waiver to get Medicaid coverage for such services. Patron - Fralin

F
HB2317

Home care organizations. Establishes minimum qualifications for home attendants performing home health, pharmaceutical, or personal care services for licensed home care organizations. The bill also prohibits the Board of Health from imposing geographic limitations on the service delivery area for home care organizations.Patron - Griffith

F
HB2348

Health; prescription drug purchasing option. Directs the Governor to implement a process for purchasing reduced-cost prescription drugs from Canada in order to contain pharmacy costs in the interest of providing the citizens of the Commonwealth with a future that includes affordable health care. The Governor must take all steps necessary for the Commonwealth to join in participating with the states of Illinois, Wisconsin, Kansas, and Missouri in the I-SaveRx program, a program for purchasing lower-cost drugs from Canada that has already developed numerous measures to ensure the quality and safety of the imported drugs. Patron - Marshall, R.G.

F
HB2361

Board of Health; nursing home standards. Requires the Board of Health to establish staffing standards for nursing homes that will provide an average of three and one-half hours of direct care services per resident per 24-hour period. The Board must also adopt regulations defining direct care services and establishing procedures for quarterly reporting. Patron - Watts

F
HB2499

Health; reporting requirement for hepatitis C. Provides that any physician practicing in the Commonwealth must report to the local health department the identity of any patient who has tested positive for exposure to hepatitis C. Patron - Amundson

F
HB2511

Newborn screening. Broadens the Commonwealth's newborn screening program for genetic disorders to include approximately 30 or more conditions that cause mental retardation, serious disability, or death if left untreated. The screening tests to be included in Virginia's panel of disorders will be consistent with, but not necessarily identical to, the uniform condition panel recommended by the American College of Medical Genetics in its 2004 report, Newborn Screening: Toward a Uniform Screening Panel and System. Upon the issuance of a panel of recommended tests by the federal Department of Health and Human Services, Virginia's testing program will be consistent with, but not necessarily identical to, the federal guidance document. The Board of Health's regulations must include a list of conditions for which newborn screening tests are conducted pursuant to § 32.1-65, follow-up and referral protocols and necessary provisions to implement the newborn screening services, and any services available to the infants and children through the Children with Special Health Care Needs Program. The mandate for the increased testing will become effective on March 1, 2006; however, the Board of Health is required to promulgate emergency regulations. The second enactment clause of a 2002 Act of the General Assembly that required certain funding is repealed in order to ensure the integrity of the law. This bill has been incorporated into HB 1824.Patron - Welch

F
HB2543

Licensed physician assistants; forms and certificates. Provides that licensed physician assistants may sign various forms and certificates, and provide medical information or treatment in certain situations, including situations involving the immunization of children, examination of persons suspected of having tuberculosis, prenatal tests, nursing homes, release of certain privileged medical information, competency for driver licenses, release of certain veterinary records, and assisted living facilities. The bill also provides that whenever any law or regulation requires a signature, certification, stamp, verification, affidavit, or endorsement by a physician, it will be deemed to include a signature, certification, stamp, verification, affidavit, or endorsement by a physician assistant. Enactment clauses provide that: (i) the Board of Medicine must promulgate emergency regulations, i.e., within 280 days of enactment, with the amendments requiring the physician assistants' authority for signatures, certifications, stamps, verifications, affidavits, and endorsements to be included in the written protocol between the supervising physician and the physician assistant; and (ii) that tanning facility signs will be updated in compliance with the new law when posted or replaced after the effective day of the act. Patron - Jones, S.C.

F
HB2714

Health; Virginia Prescription Drug Payment Assistance Plan. Establishes a program to be administered by the Department of Medical Assistance Services (DMAS) to assist eligible elderly and disabled Virginians in paying for prescription drugs to work in coordination with the new federal Medicare program. DMAS may contract with third-party administrators to provide administrative services that include enrollment, outreach, eligibility determination, data collection, financial oversight, and reporting. The benefit is limited to prescription drugs manufactured by pharmaceutical companies that agree to provide manufacturer rebates. Eligible persons must have incomes at or below 150 percent of the federal poverty level, as set forth in the appropriation act. They must also be age 65 or older or eligible for Federal Old-Age, Survivors and Disability Insurance Benefits, not be receiving a prescription drug benefit through a Medicare supplemental policy or other third-party payor prescription benefit at the time they are to be enrolled in the program, and be ineligible for Medicaid prescription benefits. However, nothing shall prohibit the enrollment of a person in the program during the period in which his Medicaid eligibility is determined. Eligible enrollees will receive an identification card to be presented to pharmacists and will start receiving the benefit the month after their eligibility is determined. Benefits will be paid to pharmacies under a point-of-service claims procedure to be established by DMAS. Participants are required to make a co-payment for each prescription, which will not exceed 25 percent of the cost, but will be no less than $5. Money to pay the claims will come from the newly established Prescription Assistance Fund. Administrative costs are to be paid from the pharmaceutical manufacturer rebates to the extent available and the $20 annual enrollment fees. The Board shall develop a comprehensive statewide community-based outreach plan to enroll eligible persons and DMAS shall report annually on the program's implementation. No entitlement to prescription drug coverage on the part of any eligible person or any right or entitlement to participation is created and such coverage shall only be available to the extent that funds are appropriated therefor.Patron - Morgan

F
HB2751

Health; prescription drug purchasing option. Directs the Governor, immediately upon the issuance of a waiver template or process by the federal Secretary of Health and Human Services, to apply for a waiver to establish a mechanism for purchasing reduced-cost prescription drugs from Canada and other countries. The Governor must, in the exercise of his substantial powers under state law, take all steps necessary for the Commonwealth to join in participating with the states of Illinois, Michigan, Iowa, and Minnesota in the I-SaveRx program, a program for purchasing lower-cost drugs from Canada and other countries that has already developed numerous measures to ensure the quality and safety of the imported drugs. The Governor may, when appropriate, sign a memorandum of understanding for Virginia to participate in the I-SaveRx program. Patron - Miller

F
HB2784

Licensure of abortion clinics; penalties. Requires all abortion clinics, defined as any facility, other than a hospital or an ambulatory surgery center, in which 25 or more first trimester abortions are performed in any 12-month period, to be licensed and to comply with the requirements currently in place for ambulatory surgery centers effective July 1, 2005. The bill also places proposed and existing abortion clinics under the certificate of public need (COPN) law after July 1, 2005. Existing abortion clinics will be required to apply annually to the Board of Health to obtain an exemption by providing a rationale for being excluded. The Commissioner of Health will determine whether existing abortion clinics have demonstrated sufficient cause to be excluded from the COPN requirements according to certain criteria. The Commissioner is also empowered to deny, suspend or revoke the license upon finding the clinic is in violation of state or federal law or regulations. Patron - Reid

F
HB2801

Newborn screening. Broadens the Commonwealth's newborn screening program for genetic disorders to include approximately 30 or more conditions that cause mental retardation, serious disability, or death if left untreated. The screening tests to be included in Virginia's panel of disorders will be consistent with, but not necessarily identical to, the uniform condition panel recommended by the American College of Medical Genetics in its 2004 report, Newborn Screening: Toward a Uniform Screening Panel and System. Upon the issuance of a panel of recommended tests by the federal Department of Health and Human Services, Virginia's testing program will be consistent with, but not necessarily identical to, the federal guidance document. The Board of Health's regulations must include a list of conditions for which newborn screening tests are conducted pursuant to § 32.1-65, follow-up and referral protocols and necessary provisions to implement the newborn screening services, and any services available to the infants and children through the Children with Special Health Care Needs Program. The mandate for the increased testing will become effective on March 1, 2006; however, the Board of Health is required to promulgate emergency regulations. The second enactment clause of a 2002 Act of the General Assembly that required certain funding is repealed in order to ensure the integrity of the law. This bill has been incorporated into HB 1824.Patron - Plum

F
HJ716

Health; evidence-based practice guidelines for prenatal care. Encourages the Virginia Section of the American College of Obstetricians and Gynecologists, the Virginia Chapter of the American College of Nurse Midwives, the Virginia Chapter, American Academy of Pediatrics, and The Virginia Pediatric Society to promote among their members the use of nationally recognized and evidence-based guidelines on the care of pregnant women. Patron - Pollard

F
SB702

Medical assistance services; medically needy. Requires the state plan for medical assistance services to include a provision for payment of medical assistance for aged and disabled individuals with incomes up to 100 percent of the federal poverty guideline as permitted by federal law. An enactment clause provides that the provisions of this act will not become effective unless an appropriation of general funds effectuating its purposes is included in the 2005 general appropriations act. Patron - Reynolds

F
SB715

Board of Health regulations; guidelines for staffing of nursing homes. Requires the Board of Health, in its licensure regulations, to establish staffing guidelines for nursing homes and certified nursing facilities to ensure the delivery of quality care that shall establish a minimum of three and one-half hours of direct care services per resident per 24-hour period. The provisions of this act will not become effective unless an appropriation of general funds effectuating its purposes is included in the general appropriations act. Patron - Edwards

F
SB724

Family councils in nursing homes. Clarifies the right of any nursing home resident, member of a resident's family, or resident's legal representative to establish a family council whereby a resident's family members and friends may confer in private without facility staff present. Further, a nursing home facility must provide meeting space at reasonable times and locations within the facility. Patron - Edwards

F
SB742

Medical assistance; employer information. Requires the Department of Medical Assistance Services to collect from the Department of Social Services any available information regarding full-or part-time employment of any applicant for health care benefits under public health programs, such as Medicaid, the Family Access to Medical Insurance Security Plan, and the State/Local Hospitalization Program. The Department of Medical Assistance Services will prepare and submit a summary to the Governor and the General assembly of statistical data on the full- and part-time employment of applicants for public health programs and the costs of the beneficiaries' health care to Virginia, which will classify Virginia employers by categories, as determined by the Director. No personal identifiers will be included in the summary for the beneficiaries or the employers. Patron - Miller

F
SB744

Health; working conditions of certified nurse aides. Enables the nonprofit organization established by the Department of Medical Assistance Services, in the exercise of its responsibility to provide on-site training, assistance, and other services to promote the quality of care, and as an adjunct to training needed to become certified as a nurse aide, to provide training to direct service workers in long-term care settings with emphasis on practical strategies, care interventions, and timely referrals to medical professionals. An enactment clause provides that the provisions of this act will not become effective unless an appropriation of general funds effectuating its purposes is included in the 2005 general appropriations act. Patron - Miller

F
SB839

Regulation of abortion clinics. Requires the regulation of abortion clinics as a category of outpatient surgical hospital and sets forth the requirements for the licensure of abortion clinics in a new article. Abortion clinics will not be required to comply with certificate of public need requirements or health care data reporting. The provision becomes effective on January 1, 2006. The Board of Health must promulgate emergency regulations that include licensure fees for abortion clinics in an amount calculated to cover only the costs of the regulation required in this act. Patron - Cuccinelli

F
SB861

Reporting of tuberculosis strains with antimicrobial drug susceptibilities. Removes the option of submitting to the local health director a report of antimicrobial drug susceptibilities performed by a laboratory certified to perform such testing in lieu of submitting a representative and viable sample of initial cultures positive for tubercle bacilli to the Virginia Division of Consolidated Laboratory Services. The bill requires that the Virginia Division of Consolidated Laboratory Services establish a library of isolates from persons with active tuberculosis disease for the purpose of disease strain analysis as indicated by epidemiological investigations. Patron - Howell

F
SB951

Location or relocation of a pharmaceutical manufacturing company in the Commonwealth; production of influenza vaccine. Directs the Governor to stimulate the location or relocation of a pharmaceutical manufacturing facility to the Commonwealth, particularly a company that produces or plans to produce influenza vaccine. The Governor must direct the Secretaries of Commerce and Labor, Health and Human Resources, and Finance to assist him in this endeavor. The Governor is required to use his vast powers and resources to leverage the location or relocation of a pharmaceutical manufacturing facility, including, but not limited to, all relevant Virginia tax benefits, economic development mechanisms and partnerships, local government aspirations, and cooperative investment arrangements within his purview. Patron - Potts

F
SB1060

Motor medics pilot program. Creates a motor medics pilot program in the South Hampton Roads area. The program shall implement the use of motorcycles as a type of emergency medical services vehicle with the objective of reducing response time of emergency medical services personnel to emergencies. Patron - Lucas

F
SB1191

Virginia Indoor Clean Air Act; civil penalties. Moves the law restricting smoking in buildings and other enclosed areas from the title relating to local government (15.2) to the title relating to health (32.1) and prohibits smoking indoors in most buildings or enclosed areas frequented by the public. Exceptions to the smoking prohibition are provided for (i) private homes, private residences, and private automobiles, unless used as or in the operation of any establishment or facility in which smoking is prohibited; (ii) private functions; hotel, or motel rooms clearly designated as "smoking" rooms; (iii) hotel or motel rooms clearly designated as "smoking" rooms so long as such rooms do not exceed 25 percent of the total accommodations within the establishment that are offered for lease or rent to the public; (iv) bar or lounge areas separately enclosed from any establishment in which smoking is prohibited; (v) specialty tobacco stores; and (vi) private separately enclosed office or work areas that are not entered by the general public in the normal course of business or use of the premises unless a person who works in such private separately enclosed office or work area objects to smoking in such area. Signs stating "Warning: Smoking Permitted" must be posted by the proprietor of any exempt building or area when smoking is allowed. Any person who continues to smoke in an area in which smoking is prohibited after having been asked to refrain from smoking will be subject to a civil penalty of not more than $100. Civil penalties of $250 will be levied for subsequent offenses. Failure to comply with the building restrictions will subject proprietors to a $200 civil penalty for the first offense and $500 for subsequent offenses. Any law enforcement officer may issue a summons regarding a violation of this law. The Board of Health and the Commissioner of Labor and Industry will jointly promulgate regulations to enforce these requirements and must annually report on their enforcement efforts by January 15, beginning in 2006. The bill sets out relevant definitions and notes that any proprietor of a building or area excepted has the right to prohibit smoking and that any principal or other administrator of an educational facility may adopt smoking prohibitions that are more stringent, including restrictions on smoking in areas on the facility's campus that are not enclosed; that signs will not be required on private homes or residences or private vehicles; and that the new chapter must not be construed to permit smoking where it is otherwise prohibited by the proprietor of any establishment, building, or area or by other applicable law. Enactment clauses repeal the present title relating to counties, cities, and towns and postpone the effective date for prohibiting smoking in such bars and lounges that are not separately enclosed from other establishments until July 1, 2006, and authorize, until such time, smoking in bars and lounges to the same extent as allowed under present law or ordinances. Patron - Mims

F
SB1208

Patient protections; safety. Requires the Department of Health (i) to establish a confidential toll-free hotline for reports on patient safety and quality of patient care in hospitals, nursing homes, and certified nursing facilities that may be made anonymously or in the name of any health care provider or consumer; (ii) respond to complaints and provide a concise description of any action taken pursuant to the complaint; and (iii) prohibits retaliation against complainants. The bill also requires facilities to develop, implement, and assure compliance with a patient safety plan and to submit the patient safety plan to the Department of Health prior to the date of license renewal. All facilities and all physicians are required to report serious medical errors to the patient who was the subject of the error and to the Board of Medicine. The facilities must require medical error reports from physicians with practice privileges, or having contracts with or who are employed by the facilities, which must be, in turn, reported to the Board of Health. The Board of Health must require that the reports of serious medical errors received by hospitals, nursing homes, and certified nursing facilities be submitted to the patient-level database. The bill also prohibits alteration, destruction or discarding of an individual's health record in an effort to conceal any serious medical error. Any physician of medicine, osteopathy, or podiatry found liable in three or more medical malpractice suits in a three-year period will be investigated to determine whether he is violating the regulatory law and should be the subject of a license revocation proceeding. The Director of the Department of Health Professions is authorized to provide a summary of any action taken as a result of a complaint to the complainant. Patron - Mims

F
SB1211

Health; working conditions of certified nurse aides. Directs the nonprofit organization, established by the Department of Medical Assistance Services to provide on-site training, assistance, and other services to promote the quality of care in nursing facilities, to address the working conditions, salary and benefits, and available career pathways for certified nurse aids with emphasis on recruitment and retention. Further, the nonprofit organization must explore possible funding streams for state-certified nurse aide programs, including but not limited to, voluntary tax options. Patron - Miller

F
SB1246

Health; prescription drug purchasing option. Directs the Governor, immediately upon the issuance of a waiver template or process by the federal Secretary of Health and Human Services, to apply for a waiver to establish a mechanism for purchasing reduced-cost prescription drugs from Canada and other countries. Patron - Reynolds

F
SB1247

Health; recovery of overpayment for medical assistance services. Provides that the Director of Medical Assistance Services must issue an informal fact-finding conference decision in appeals from agency determinations concerning provider reimbursement. Further, the timelines for notification to providers of Medicaid overpayment are revised to require issuance of the notice within the earlier of (i) four years after payment of the claim or other payment request, (ii) four years after filing by the provider of a complete cost report, or (iii) fifteen months after filing by the provider of the final complete cost report. Patron - Bolling

F
SB1295

Reporting of nosocomial infection rates. Requires the Board of Health to develop a procedure whereby aggregate information on each hospital's nosocomial infection rates, without patient identifiers, may be (i) collected and reported using the surveillance components and the methodology as then currently required for such reports by the Centers for Disease Control and Prevention pursuant to the National Nosocomial Infection Surveillance System, and (ii) filed in the hospital's licensure records within the Department. The Board's procedure must authorize release of such information to the public, upon request. Patron - Reynolds